5960 49mesat1 1 UNITED STATES DISTRICT COURT 1 SOUTHERN DISTRICT OF NEW YORK 2 -------------------------------------x 2 UNITED STATES OF AMERICA, 3 3 v. S1 02 Cr. 395 (JGK) 4 4 AHMED ABDEL SATTAR, a/k/a "Abu Omar," 5 a/k/a "Dr. Ahmed," LYNNE STEWART, 5 and MOHAMMED YOUSRY, 6 6 Defendants. 7 -------------------------------------x 7 8 September 22, 2004 8 9:30 a.m. 9 9 10 10 Before: 11 HON. JOHN G. KOELTL 11 12 District Judge 12 13 13 APPEARANCES 14 14 DAVID N. KELLEY 15 United States Attorney for the 15 Southern District of New York 16 ROBIN BAKER 16 CHRISTOPHER MORVILLO 17 ANTHONY BARKOW 17 ANDREW DEMBER 18 Assistant United States Attorneys 18 19 KENNETH A. PAUL 19 BARRY M. FALLICK 20 Attorneys for Defendant Sattar 20 21 MICHAEL TIGAR 21 JILL R. SHELLOW-LAVINE 22 Attorneys for Defendant Stewart 22 23 DAVID A. RUHNKE 23 DAVID STERN 24 Attorneys for Defendant Yousry 25 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5961 49mesat1 1 (Trial continuing) 2 (In open court; jury not present) 3 THE COURT: Good morning, all. Please be seated. 4 MS. BAKER: Your Honor, a couple of brief matters 5 relating to this morning's testimony. 6 We're going to begin by presenting the next telephone 7 call, which is a relatively short one; I believe it's about 8 seven pages. 9 After that I will ask to present a stipulation, which 10 is marked as Government Exhibit 1812. It's a stipulation that 11 authenticates additional telephone records, and then I'll be 12 offering those into evidence. 13 And then we will be calling two witnesses back to 14 back. The first is Mr. Stuart Sleppin of a calling card 15 company whose testimony will be very brief. And then the 16 second is Agent Sorrells, who will testify about the telephone 17 analysis which is reflected in Government Exhibits 1800A 18 through 1800U. And I wanted to raise a couple of logistical 19 points relating to Agent Sorrells' testimony. 20 The first is that the government asks the Court, and 21 the defendants have consented, that the Court may take judicial 22 notice of the time differences between New York and three other 23 locations, those being Cairo, Egypt; London, England; and 24 Rochester, Minnesota. 25 So I'd like to hand up to the Court a copy of a letter SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5962 49mesat1 1 which we sent to defense counsel which set forth the proposed 2 text of the judicial notice to which all defendants have now 3 consented. The Court will see that part of the text is in 4 regular typeface and part is in bold. That was -- the bold was 5 simply to let defense counsel know of certain additional text 6 that we had been adding after sending out a prior version. 7 But for the Court's purpose, it -- there is no 8 distinction. The defendants have agreed to all of it. 9 THE COURT: OK. 10 MS. BAKER: The second point -- 11 THE COURT: I should give the instruction with respect 12 to judicial notice then, too. 13 MS. BAKER: Yes, your Honor. 14 THE COURT: OK. 15 MS. BAKER: And then the other matter is that while 16 Agent Sorrells is on the stand, the government would like at a 17 certain point to present the recorded call that is in evidence 18 as Government Exhibit 1269, which is an English language call 19 in which Mr. Sattar calls MCI to cancel his telephone service 20 with them. 21 The call is -- the resulting transcript, which is 22 Government Exhibit 1269X, is only a little over five pages, but 23 the call is closer to ten minutes or so, if it's played in its 24 entirety. And that's because Mr. Sattar is twice on hold for 25 various periods of time. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5963 49mesat1 1 Early in the call he's on hold for something around 2 three minutes. And while he is on hold, a recording appears 3 periodically to ask you to continue holding, and Ms. Griffith 4 has now put that page of the transcript up on the screen. And 5 that's on page two of the transcript. And then later in the 6 call, as reflected on page three of the transcript, he's put 7 back on hold for something in excess of a minute. 8 When we play the call, we would ask, in order not to 9 just have the jury sitting there while hold music plays, that 10 we be permitted to fast-forward over those parts. I spoke with 11 defense counsel. Mr. Sattar's defense counsel agrees. 12 I spoke with counsel for the other two defendants, 13 although when I spoke to them I only mentioned the first 14 occasion of holding, but they agreed to that. I don't know 15 whether they want the jury to be told that we're going to 16 fast-forward through parts when he's on hold, but obviously the 17 transcript will reflect that he was placed on hold. 18 So we would ask the Court's permission to proceed that 19 way. And if the Court agrees, then when we reach the point 20 where he's put on hold, the playing of the recording will stop 21 for a couple of seconds, Ms. Griffith will move forward within 22 the recording and then the playing of the recording will 23 resume. 24 THE COURT: I have no problem telling the jury that 25 the parties have agreed that the recording will be SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5964 49mesat1 1 fast-forwarded through the hold music. 2 MR. PAUL: That's our agreement, your Honor. That's 3 fine. 4 MR. BARKOW: Your Honor, two other brief things. 5 First is I think we're going to get to the July 2001 6 prison visit at some point today. And I just wanted to put on 7 the record which -- what I think is the understanding between 8 the parties, which is that the DVDs of that prison visit should 9 be in evidence, to the extent then the conversations are 10 contained in the agreed-upon transcripts, 1716X, 1717X, 1720X, 11 1721X and 1722X. 12 That's a similar procedure that we used with respect 13 to the other prison visits, and we have reached those 14 agreements since we -- since the DVDs were put into evidence. 15 We have reached agreement on what should be in those X 16 transcripts. 17 THE COURT: Well, you can announce that as a -- I 18 assume as a stipulation. 19 MR. BARKOW: I can do that. I don't recall that we 20 did do that in front of the jury with the other ones, and so I 21 didn't know if we should do that in front of the jury with 22 these. 23 THE COURT: I believe what you did before was you 24 offered it in evidence, to the extent that it's reflected in 25 the X transcripts, and there was some back-and-forth between SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5965 49mesat1 1 the government and defense counsel as to exactly how that would 2 be expressed in terms of to the extent it was reflected and the 3 like. So you should just -- 4 MR. BARKOW: Get the language straight and say it in 5 front of the jury before we start presenting the evidence? 6 THE COURT: Right. 7 MR. BARKOW: That was the first thing. 8 The second thing -- actually, the second related thing 9 is we're also going to be offering into evidence the X 10 transcripts at that time because they're not yet in evidence. 11 The second thing I wanted to mention was yesterday I 12 had mentioned that a witness was going to be coming in on 13 Thursday and the parties had -- the defendants had agreed that 14 if we were in the middle of the July 2001 visit, we could 15 interrupt it in order for him to testify. 16 There is also one other witness, Nevine Aziz, a 17 translator who is going out of town next week and needs to 18 testify about materials from the Yousry search -- from the 19 Sattar computer. And Mr. Morvillo conferred with counsel and 20 there's no objection to her also testifying, if we're in the 21 middle of the July 2001 visit. We just want to make the Court 22 aware of that. 23 THE COURT: All right. 24 MR. TIGAR: Your Honor, for clarification, I don't 25 recall discussing this with Mr. Morvillo. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5966 49mesat1 1 THE COURT: I'm sorry, the reporter can't get it down 2 so -- it's all right, Mr. Tigar. 3 So just take a moment, Mr. Morvillo. 4 MR. TIGAR: That's what I was going to ask, if I could 5 talk with Mr. Morvillo. 6 MS. BAKER: Your Honor, while that's going on, if I 7 might hand up to the Court in response to the Court's request 8 made yesterday morning, we have a copy of the superseding 9 indictment on a computer disk. 10 THE COURT: All right. Thank you. 11 MR. BARKOW: May I confer with Mr. Ruhnke on the other 12 matter, your Honor. 13 THE COURT: Yes. While the parties are conferring, I 14 have two additional -- or several additional items or requests. 15 I believe that my set of the government exhibits goes 16 up only to Government Exhibit 404. Putting aside the 17 transcripts, which are separate exhibit binders, and I realize 18 that I've been given exhibits and ruled on them at various 19 times, it would be useful to me to have a bound set of exhibits 20 in evidence after 404. Not the 3500 material, not the 21 transcripts; exhibits. 22 Second, I received Ms. Stewart's motion in limine this 23 morning with respect to one aspect of 9/11. Is the government 24 going to respond to that in writing or orally? 25 MR. DEMBER: Your Honor, I think we'll respond orally. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5967 49mesat1 1 THE COURT: OK. We can take that up at the end of the 2 day. 3 I've now received lots of materials on the Taha book. 4 And Mr. Sattar's counsel was going to give me a letter today, I 5 don't know if the government's going to be responding to that 6 letter or not. In going over the government letter, there was 7 one portion of the government letter which is not helpful to me 8 when it says that in substance the Taha book has been referred 9 to in the transcripts, or words to that effect. If you're 10 going to ask me to rely on something like that, you have to 11 point out to me what transcript you're referring to and where. 12 MR. BARKOW: Your Honor, I don't know if the -- the 13 defendants had not specifically raised any objections on the 14 grounds that I was making assertions about in the letter, so if 15 they do, I will go through and I can exhaustively demonstrate 16 every statement that I made in that letter. 17 But I don't think that they can contest most of those 18 things. So if those are raised in the responses, then I'll do 19 that. Otherwise, I think that we might be able to assume that 20 they're not challenging those particular assertions and are 21 going to focus their arguments -- their objections to the book 22 had not been on those grounds, to my recollection. 23 And so rather than filing a 25-page brief on this, I 24 thought that I would let the defendants, since they're the ones 25 objecting, raise a specific issue before I did such. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5968 49mesat1 1 THE COURT: Well, the defendants' response will at 2 least be lengthy because defendants ultimately include a 3 15-page summary of the book. So I'll wait and see, and you can 4 tell me whether you're going to respond in writing or orally. 5 MR. TIGAR: Your Honor, I would at least like to know 6 whether the government believes that any of those transcript 7 references constitute an adoption by anyone of any statement in 8 the book. I remember the references to the book, the number of 9 copies of one edition were seized from here, and so we had some 10 English police officers. And then other people talk about the 11 fact that a book is being published. Certainly the relevance 12 decision and eventually the 403 balancing decision would turn 13 to some extent on whether there are substantive references in 14 the transcript to that book, by whom and under what 15 circumstances. Because, of course, that then would help us, 16 Ms. Stewart's counsel, as we ask this question, you know, 17 Count 1, Count 2, Count 3 and so on. 18 MR. PAUL: Your Honor, we will have a letter to the 19 Court by the end of today. I think most of the issues that we 20 will be raising as a factor has not been an adoption made in 21 any of the transcripts or the evidence presented so far in this 22 trial with regard to Mr. Sattar -- will require specific 23 references that the government is raising where, in fact, they 24 claim that there had, in fact, been an adoption made by 25 Mr. Sattar. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5969 49mesat1 1 MR. BARKOW: Your Honor, and as I said in the letter, 2 that's only one of two theories that we put forth. The primary 3 theory is that this is a statement by Taha, and the evidence of 4 that is abundant. And if the issue is going to be focussed on 5 whether it was adopted by Mr. Sattar with respect to his 6 distribution of it, I'll certainly file something in response 7 to what I see from the defendants that sets that forth. 8 But I want to make clear, that's really our secondary 9 theory. The primary theory here is that this book is a 10 statement by Taha as a statement in furtherance of the 11 conspiracy and also as a solicitation by him. 12 MR. PAUL: We will respond to both of those issues, 13 your Honor. 14 THE COURT: OK. Thank you, Mr. Paul. All right. 15 MS. BAKER: Your Honor, just a follow-up question in 16 response to the Court's request for copies of the various 17 exhibits. 18 When the Court indicated that you already have the 19 transcripts, was your Honor including the transcripts of the 20 prison visits, or does your Honor require copies of those as 21 well? 22 THE COURT: No, I -- I've been following along with 23 the transcripts. 24 MR. TIGAR: Your Honor, Mr. Barkow wanted to talk to 25 me. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5970 49mesat1 1 Based on my conversation with Mr. Morvillo, I now 2 understand what that translator is about. We have no 3 objection. 4 May I speak with Mr. Barkow. 5 THE COURT: Yes. All right. Are we ready to bring in 6 the jury? 7 (Pause) 8 THE COURT: What transcript are we going to begin 9 with? 10 MR. BARKOW: 1242X, your Honor. 11 May Mr. Forkner step forward, your Honor. 12 THE COURT: Yes. 13 MR. TIGAR: Your Honor, I understand when Mr. Sorrells 14 comes on, the government wants to pass out individual copies of 15 that -- the series of exhibits. We would ask that a court 16 official be the one to pass them to the jurors and not a member 17 of the legal team. 18 THE COURT: Yes. That's fine. 19 MS. BAKER: Your Honor, may I give the set of copies 20 to someone, or shall I put them somewhere? 21 THE COURT: Will Mr. Sorrells be testifying before the 22 break? 23 MS. BAKER: Yes, I believe he will start before the 24 break. 25 THE COURT: If you could pass them up to my law clerk SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5971 49mesat1 1 and my law clerk will leave one on Mr. Fletcher's desk and 2 Mr. Fletcher can give them out to the jury. 3 By the way, I understand the jurors were delayed this 4 morning. There was a problem with the transportation or 5 something, which is why I came out somewhat later. 6 My copy of 1242X has a Post-it that says replacement. 7 Is this a new transcript? 8 MR. BARKOW: Your Honor, how many pages is the Court's 9 copy? 10 THE COURT: Seven. 11 MR. BARKOW: That's what ours are as well. They go to 12 the bottom, page seven. Just to make sure, we can pass up 13 another one of ours -- 14 THE COURT: That's all right. I wondered if all the 15 parties were on the same page. 16 (Continued on next page) 17 18 19 20 21 22 23 24 25 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5972 49mesat1 1 (In open court; jury present) 2 THE COURT: Please be seated, all. 3 Good morning, ladies and gentlemen. It's always nice 4 to see you. 5 All right. Mr. Morvillo. 6 MR. MORVILLO: Thank you, your Honor. 7 At this time, your Honor, the government requests 8 permission to read and display to the jury Government 9 Exhibit 1242X in evidence. 10 THE COURT: All right. 11 MR. MORVILLO: For the record, your Honor, Government 12 Exhibit 1242X is a telephone call on January 15th of 2001 at 13 2:43 p.m. between Ahmed Abdel Sattar and Rifa'i Ahmad Taha 14 Musa. 15 May Mr. Forkner read the attributions to Mr. Sattar. 16 THE COURT: Yes. 17 (At this point, Government Exhibit 1242X, in evidence, 18 was displayed and read to the jury) 19 MS. BAKER: Your Honor, may Mr. Forkner step down. 20 THE COURT: Yes. 21 MS. BAKER: Your Honor, at this time the government 22 offers into evidence a stipulation signed by counsel and the 23 parties which is marked as Government Exhibit 1813. And we 24 request permission -- I'm sorry, 1812, and we request 25 permission to display it and read it to the jury. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5973 49mesat1 1 THE COURT: All right. 2 MS. BAKER: The parties hereby stipulate and agree 3 that: As to each of the telephone company records described in 4 paragraphs (a) through (f) below, each of the following facts 5 is true: 6 One, the records are true and accurate copies of 7 original records of the particular telephone company; two, the 8 telephone company makes and keeps this type of record in the 9 regular course of its business; three, it is the telephone 10 company's regular practice to make and keep this kind of 11 record; four, the entries in the record were made at the time 12 that the recorded event or transaction took place or within a 13 reasonable time after that; and, five, the people who made the 14 entries or reported the information in the record was under a 15 business duty to do so accurately. 16 (a) Government Exhibit 1803 is what the government 17 deems to be the relevant pages from Sprint PCS telephone bills 18 for cellular telephone number 917-676-4997, which is subscribed 19 to Yousef M. Odeh. 20 (b) Government Exhibit 1807 is a CD containing records 21 from MCI WorldCom for telephone number 718-442-3513, which is 22 subscribed to Ahmed Abdel Sattar, 249 Hooker Place, Apt 2E, 23 Floor 2, Staten Island, New York. 24 (c) Government Exhibits 1807A1 and 1807A2 are true and 25 accurate printouts of two MCI WorldCom telephone bills for SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5974 49mesat1 1 telephone number 718-442-3513, which were printed from the CD 2 marked as Government Exhibit 1807. 3 (d) Government Exhibit 1807B is a true and accurate 4 printout of the MCI WorldCom local calling record for telephone 5 number 718-442-3513, which was printed from the CD marked as 6 Government Exhibit 1807. 7 (e) Government Exhibit 1808 is the subscriber record 8 from MCI WorldCom for telephone number 212-475-3232, which is 9 subscribed to Clark and Schilling, care of Abdeen M. Jabara, 36 10 East 12th Street, New York, New York. 11 (f) Government Exhibit 2707 is telephone bills from 12 One.Tel for telephone number 0171-624-6868, subscribed to 13 Yassir Al-Sirri, 102 Edinburgh House, 155 Maida Vale, London, 14 England. 15 And it's agreed to and stipulated and signed by all 16 parties and their counsel. 17 THE COURT: All right. 18 MS. BAKER: Your Honor, based on that stipulation the 19 government offers into evidence the telephone records that are 20 marked Government Exhibits 1803, 1807, 1807A1 and A2, 1807B, 21 1808 and 2707. 22 THE COURT: All right. Government Exhibits 1803, 23 1807, 1807A1 and A2, 1807B, 1808 and 2707 received in evidence. 24 (Government's Exhibits 1803, 1807, 1807A1 and A2, 25 1807B, 1808 and 2707 received in evidence) SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5975 49mesat1 1 MS. BAKER: Your Honor, the government calls Stuart 2 Sleppin. 3 THE COURT: All right. 4 STUART SLEPPIN, 4 5 called as a witness by the Government, 6 having been duly sworn, testified as follows: 7 DIRECT EXAMINATION 8 BY MS. BAKER: 9 Q. Good morning, Mr. Sleppin. 10 A. Good morning. 11 Q. What do you do for a living? 12 A. I run a prepaid telephone card company. 13 Q. Let me ask you to keep your voice up because it's very 14 difficult to hear in this room. You own? 15 A. A prepaid phone card company. 16 THE COURT: If you pull your chair up a bit and speak 17 into the microphone. Pull your chair up and pull the 18 microphone towards you. 19 Thank you. Go ahead, please. 20 Q. What is the name of the company? 21 A. Globalrock Networks, Incorporated. 22 Q. And in case any of the jurors are not familiar, could you 23 describe briefly what a prepaid phone card or calling card is 24 and how it works. 25 A. It's a predetermined amount of phone time packaged on $5, SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5976 49mesat1 Sleppin - direct 1 $10 and $20 increments. It contains an access number that 2 accesses our switches and a PIN number. So a customer buys a 3 phone card, they call the -- our access number. They're 4 prompted to enter their PIN number. They enter their PIN 5 number and then they're told how much money they have left on 6 that card and they can make a phone call to anywhere in the 7 world. 8 Q. Let me ask you to focus, please, on the time period from 9 September 25th of 2000 through November 2nd of 2000. 10 Was your company doing the same business that you just 11 described during that period of time? 12 A. Yes, we were. 13 Q. Do you recognize the telephone number 718-487-6300? 14 A. Yes, I do. 15 Q. Where do you recognize that telephone number from? 16 A. At that time it was one of our access numbers. 17 Q. In other words, as you just described, is that the number 18 that someone would call in to to then go on and place a call 19 using one of your calling cards? 20 A. That's correct. 21 Q. Now, did you receive a subpoena seeking certain records 22 from your company? 23 A. Yes, I did. 24 MS. BAKER: Your Honor, may I approach the witness. 25 THE COURT: Yes. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5977 49mesat1 Sleppin - direct 1 Q. I've handed you a document that's marked for identification 2 Government Exhibit 1813. Do you recognize that as a copy of 3 the subpoena that was served on your company? 4 A. Yes, I do. 5 Q. And directing your attention to the second page, which is 6 headed rider, does this subpoena just generally seek 7 information for calls that were made using a calling card with 8 a particular PIN number? 9 A. Yes, it does. 10 Q. And did it seek records for the time period from at least 11 September 25, 2000, through on or about November 2, 2000? 12 A. Yes, it does. 13 Q. Was your company able to provide any records in response to 14 this subpoena? 15 A. No, it wasn't. 16 Q. Why not? 17 A. We don't have a database large enough to go back that many 18 years. We could only go back about 18 months. That's as far 19 as the records we keep. 20 MS. BAKER: Thank you. I have no further questions. 21 THE COURT: All right. Mr. Tigar? 22 MR. TIGAR: May I ask a question or two. 23 THE COURT: Yes. 24 - - - - - 25 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5978 49mesat1 Sleppin - direct 1 CROSS EXAMINATION 2 BY MR. TIGAR: 3 Q. Good morning, Mr. Sleppin. 4 A. Good morning. 5 Q. Before you got this subpoena that you've just been shown, 6 had anybody from the federal government ever come around to 7 your business and asked for the records related to these 8 particular calls that you've been asked about? 9 A. No. 10 MR. TIGAR: Thank you. No further questions. 11 THE COURT: All right. 12 MS. BAKER: Your Honor, I have no further questions. 13 THE COURT: All right. Mr. Sleppin, you're excused. 14 You may step down. 15 (Witness excused) 16 THE COURT: Ms. Baker? 17 MS. BAKER: Your Honor, the government calls Steven 18 Sorrells. 19 THE COURT: All right. 20 STEVEN SORRELLS, 20 21 called as a witness by the Government, 22 having been duly sworn, testified as follows: 23 DIRECT EXAMINATION 24 BY MS. BAKER: 25 Q. Who do you work for? SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5979 49mesat1 Sorrells - direct 1 A. I work for the FBI. 2 Q. What is your position with the FBI? 3 A. I'm a Special Agent with the FBI. 4 Q. How long have you been an FBI Special Agent? 5 A. Approximately six years. 6 Q. To what part of the FBI are you assigned? 7 A. I work in the New York division assigned to the joint 8 terrorism task force. 9 Q. How long have you been assigned to the joint terrorism task 10 force in the New York office? 11 A. Approximately five-and-a-half years. 12 Q. As part of your duties with FBI have you assisted in 13 certain ways with the investigation and prosecution of this 14 case? 15 A. Yes, I have. 16 MS. BAKER: May I approach the witness? 17 THE COURT: Yes. 18 Q. Agent Sorrells, I'm showing you a set of documents that are 19 marked for identification as Government Exhibits 1800A through 20 1800U. Do you recognize those documents? 21 A. Yes, I do. 22 Q. Generally what are they? 23 A. This is a chart that I prepared that basically shows -- it 24 compares the information from the recorded audio or transcript 25 as compared to information derived from telephone records or SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5980 49mesat1 Sorrells - direct 1 other records. 2 Q. And have you verified that those documents, Government 3 Exhibits 1800A through 1800U, accurately set forth the 4 information from the audio files that are in evidence and their 5 transcripts and telephone records and other exhibits that are 6 in evidence? 7 A. Yes, I have. 8 MS. BAKER: Your Honor, the government offers 9 Government Exhibits 1800A through 1800U. 10 THE COURT: All right. 11 MR. TIGAR: No objection. 12 THE COURT: Government Exhibits 1800A through 1800U 13 received in evidence. 14 (Government's Exhibits 1800A through 1800U received in 15 evidence) 16 MS. BAKER: Your Honor, the government would ask that 17 at this time copies of Government Exhibits 1800A through 1800U 18 be provided to the members of the jury. 19 THE COURT: All right. Mr. Fletcher will pass out the 20 copies. 21 By the way, ladies and gentlemen, 1800A through 1800U 22 are received in evidence. You have been given copies of those 23 exhibits to look at at the moment. When I earlier explained to 24 you in the course of the trial how an exhibit can be shown to 25 the jury, I explained to you that exhibits can't be shown to SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5981 49mesat1 Sorrells - direct 1 the jury unless they're in evidence; and that once an exhibit 2 is in evidence, it can be shown to the jury in various ways: 3 It can be held up so that the jury can see it; it can be put up 4 on the screen; or copies can be made and passed out to the 5 jury; or the original of the exhibit can simply be passed among 6 the jurors so that each juror can look at it. 7 In this particular case copies have been given to you, 8 but after you have seen the exhibit, at an appropriate time you 9 will simply give these copies back. So, please, don't make any 10 notations on these copies. They're simply being given to you 11 so that you can see them, so that you can follow any testimony 12 and see the exhibits. But, please, don't make any marks on 13 them because they will be collected again. 14 And as I believe I've also told you and will tell you 15 in my final instructions, the jurors have the right to call 16 for, ask for, to see any exhibits in evidence in the course of 17 their deliberations. But you will not keep these or make marks 18 on them. These exhibits will be returned. Again, if you wish 19 to see any exhibits in the course of the case, as I'll tell 20 you, you have the right to ask for them in the course of your 21 deliberations. 22 OK. You may proceed. 23 MS. BAKER: Thank you, your Honor. 24 BY MS. BAKER: 25 Q. Agent Sorrells, how is this series of charts which are now SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5982 49mesat1 Sorrells - direct 1 in evidence as Government Exhibits 1800A through 1800U 2 organized as far as what is on which pages? 3 A. Basically it's organized with -- for instance, the 1800A, 4 the call's intercepted on telephone number 718-442-3513. So 5 all of the calls that were intercepted that I looked at and 6 prepared for this chart are all together. 7 Q. Now, starting with that telephone number that you've just 8 cited, 718-442-3513, to whom is that telephone number 9 subscribed, according to the telephone records? 10 A. This number is subscribed to by Ahmed Abdel Sattar. 11 Q. As far as the pages of Government Exhibits 1800A through 12 1800U, which pages through which government exhibit number 13 relate to that same telephone number, Mr. Sattar's telephone 14 number? 15 A. Beginning with 1800A it goes through consecutively until 16 1800R. 17 Q. And if you would continue on to the next page, please, 18 Government Exhibit 1800S. To what telephone does that page 19 relate? 20 A. It relates to telephone number 718-429-8539. 21 Q. To whom was that telephone subscribed? 22 A. It was subscribed to by Mohammed Yousry. 23 Q. Turning next, please, to Government Exhibit 1800T. What 24 telephone number does that page relate? 25 A. The number is 917-676-4997. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5983 49mesat1 Sorrells - direct 1 Q. To whom was that telephone number subscribed? 2 A. It was subscribed to by Yousef Odeh. 3 Q. And finally, the last page, Government Exhibit 1800U, to 4 what telephone number does that page relate? 5 A. The number is 507-282-1211. 6 Q. And for what person or location is that the telephone 7 number? 8 A. That's the Federal Medical Center in Rochester, Minnesota. 9 Q. Now, let me ask you some questions about the organization 10 of the chart, how it's arranged. 11 First, in each of the pages of these charts, what does 12 a single row represent? 13 A. A single row represents an audio file that was captured or 14 intercepted. And then each -- all the information going across 15 the row deals with that particular audio file. 16 Q. Now, is an audio file the same thing as an entire call? 17 A. Not necessarily. You may have a -- one call that's broken 18 into several audio files. 19 Q. Now, in these charts what does each column represent, just 20 at the most general level? 21 A. I'm sorry, what does each column represent? 22 Q. Yes. Without going into the column specifically, why are 23 things separated into different columns? 24 A. Just so that you could note different areas of information 25 from the recorded call and transcript or from the telephone SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5984 49mesat1 Sorrells - direct 1 records. 2 Q. Let me ask you, please make sure you keep your voice up 3 because it can be difficult to hear in this room. 4 A. OK. 5 Q. And let me take you through the calls individually -- 6 THE COURT: Hold on. If you pull your chair in and 7 pull the microphone towards you so that you can speak into the 8 microphone. Thank you. 9 THE WITNESS: OK. 10 Q. Let me take you to the columns individually starting with 11 the left-handmost column, which is headed call GX number. 12 What information is set forth in that column for each 13 of the audio files? 14 A. In that column that's simply the government exhibit number; 15 for example, 1001 is the actual audio file that is on the DVD 16 presented in evidence. There's a corresponding piece of 17 evidence, the transcript 1001T, and then also there's a 18 excerpted transcript. For example, 1001X, that corresponds for 19 each government exhibit in that column. 20 Q. Moving on to the second column, which is headed call date. 21 What is the information in that column as to each audio file? 22 A. That's simply the date that the call was intercepted. 23 Q. And what is the source of the information in that second 24 column? 25 A. For the call date is both the transcript and the audio SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5985 49mesat1 Sorrells - direct 1 file, where the -- where the transcripts and the audio files 2 were admitted into evidence -- for the transcript and audio 3 files that were intercepted. 4 Q. Could you be more specific. Where within the audio file 5 does the date of the call -- 6 THE COURT: I'm sorry. Could the reporter read back 7 the last answer, please -- the last question and answer. 8 (Record read) 9 MS. BAKER: Your Honor, may I put that question again 10 in the hopes of getting a more clear and succinct answer. 11 THE COURT: Yes. 12 BY MS. BAKER: 13 Q. What was the source of the information that's set forth in 14 the second column of these charts? 15 A. The source was when you look at the audio file, in the 16 nonaudio information on each audio file, it lists -- near the 17 bottom of the file it lists the call date. 18 Q. And does that information also appear in the transcript for 19 each audio file? 20 A. Yes, it does. 21 Q. Moving on to the third column which is headed start time, 22 what is that information? 23 A. That's the time when each audio file began originating. 24 Q. Where does that information come from? 25 A. That information comes from -- also from the transcript. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5986 49mesat1 Sorrells - direct 1 Likewise, that information is on the nonaudio information on 2 each audio file. 3 THE COURT: And when you refer to the transcript, 4 you're referring to the transcript of the call rather than the 5 transcript of the session here in court as to which we also 6 keep the transcript? 7 THE WITNESS: Correct. I'm referring to the 8 transcript -- the verbatim transcript. For instance, for 1001, 9 the transcript of 1001T and 1001X. 10 THE COURT: All right. 11 BY MS. BAKER: 12 Q. Moving over to the fourth column which is headed 13 information from reported call and/or transcript, generally 14 what is in that column? 15 A. That's simply information from either looking at the 16 transcript that was prepared from the call, the verbatim 17 transcript, or listening to the audio of the call, the 18 information that was derived. 19 Q. Could you give some examples of the kinds of information 20 that you set forth in that fourth column. 21 A. Sure. They're examples such as whether it was an incoming 22 or outgoing call from looking at the text of the transcript. 23 If the -- from looking at the transcript, if a particular 24 telephone number was captured by the system as the contact ID, 25 that's listed; or if a telephone number is listed in the SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5987 49mesat1 Sorrells - direct 1 conversation, then I tried to note it in that column. 2 Q. Now, in your last answer when you said "system," were you 3 referring to whichever recording system made the recording of 4 the particular call? 5 A. Yes. 6 Q. Focussing still on that fourth column, in certain rows in 7 the fourth column there are telephone numbers set forth. If a 8 telephone number appears in the fourth column in a particular 9 row, where did that telephone number come from? 10 A. That number came from either the transcript or the 11 information in the audio. If it was listed as a contact ID, 12 that means that the system captured it and I read it on the 13 transcript and noted it. If the telephone number is listed, 14 was listed in the conversation, I tried to note that in the 15 column as well. 16 Q. When you say "in the conversation," could you just explain 17 a little more what you mean by that. 18 A. For example, if Mr. Sattar is talking to another individual 19 and they provide a telephone number during the discussion, then 20 I would try to note that. 21 Q. Now, also in the fourth column there are a few rows that 22 note the ending time of the particular audio file. If an 23 ending time appears in the fourth column in a particular row, 24 where did that information come from? 25 A. If an ending time is listed, I looked on the nonaudio SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5988 49mesat1 Sorrells - direct 1 information for an audio file, typically it comes at the end, 2 and noted the ending time. 3 Q. Was that only done in certain instances where that 4 information seemed particularly relevant? 5 A. Yes. 6 Q. Now, let me move you over to the right to the fifth column, 7 the one which is headed information from telephone records. 8 What does that column contain? 9 A. That is information that was derived from looking at 10 telephone records, and in certain instances other records 11 that -- from this case. 12 Q. And how did you go about locating information to set forth 13 in the fifth column of this chart? 14 A. I actually looked at the telephone records, either on disk 15 or CD or a physical hard copy. 16 Q. Now, the fifth column does not contain any dates for any of 17 the calls. Why is that? 18 A. If a -- for the fifth column or each respective row I 19 didn't list the date because you can follow across to the left 20 and the date is listed for each audio unit. For example, 21 Government Exhibit 1001, I didn't list the date in the fifth 22 column where it says tolls slash LUDs, L-U-D-S, not available. 23 That simply means that that particular call was listed at that 24 particular date. 25 Q. So in each instance were you looking at the telephone SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5989 49mesat1 Sorrells - direct 1 records for the particular call dates set forth in the second 2 column? 3 A. Yes, I was. 4 Q. Now, if a telephone number appears in the fifth column in a 5 particular row, where did that telephone number come from? 6 A. If a telephone number appears, then that telephone number 7 came from some telephone record or other record. 8 Q. If a time of a call appears in the fifth column of a 9 particular row, where did that time information come from? 10 A. That time came from some telephone record. 11 Q. If the duration or length of a call appears in the fifth 12 column of a particular row, where did that information come 13 from? 14 A. If the duration is listed, then it came from some telephone 15 record. 16 Q. Were there some telephone records that you reviewed that 17 did not indicate the durations of the calls? 18 A. Yes. There are certain local records were called LUDs that 19 do not list the duration on the bill because of the type of 20 billing that's used. 21 Q. Now, generally speaking within the pages of a chart for any 22 particular telephone number -- so, for example, focussing on 23 the pages marked as Government Exhibits 1800A through 1800R, 24 which you've already stated all relate to Mr. Sattar's 25 telephone number -- in that fifth column, from what telephone SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5990 49mesat1 Sorrells - direct 1 records did you get the information that appears in the fifth 2 column? 3 A. If it's from the chart listed with the 718-442-3513 number, 4 then I got the information from that telephone number. If 5 there are instances where I received information from another 6 number, then I listed on the chart in column five what number 7 or -- and telephone records it came from. 8 Q. In your last answer I believe you said at one point that 9 you got the information, quote, from that telephone number, 10 closed quote. Did you mean from the telephone records for that 11 number? 12 A. Yes, correct. 13 Q. And so where the information in the fifth column came from 14 the records for some other phone number, did you indicate that 15 specifically? 16 A. Yes, I did. 17 Q. Now, if a person's name appears in the fifth column of a 18 particular row, where did that information come from? 19 A. That means that that person was the subscriber for that 20 telephone number. 21 Q. And in a few instances did a name in the fifth column come 22 from some other exhibit or source of information? 23 A. Yes, it could be some other record. 24 Q. Now, before I ask you about any specific rows in the 25 charts, let me ask you about the color coding scheme that's SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5991 49mesat1 Sorrells - direct 1 used in Government Exhibits 1800A through 1800U. 2 A. OK. 3 Q. What does it mean if the text in a particular row is in 4 red? 5 A. If the text is in red, that means that when comparing the 6 information from the recorded call and/or transcript, that 7 information was corroborated by the telephone record or other 8 record. 9 Q. And what does it mean if the text in a row is black? 10 A. The text or written data was put in black, that means 11 several things. Number one, that means it's an incoming call. 12 Number two, that means that, for instance, 1800A 13 through 1800R are Mr. Sattar's chart, related to Mr. Sattar's 14 call -- Mr. Sattar's number. Not only would it be an incoming 15 call, but it was -- put it in black if they're -- we did not 16 have records for the other number that was calling into 17 Mr. Sattar's number. 18 Although we did not have those records, a large 19 majority of those may have shown -- did show on Mr. Sattar's 20 records that there was -- there were no incoming calls -- I'm 21 sorry, there were no outgoing calls at the time that the 22 recorded call and transcript says that there was an incoming 23 call. 24 And then lastly, there are a few instances where I 25 noted in black where there may not have been information -- we SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5992 49mesat1 Sorrells - direct 1 may not have received the records for a few portions for 2 Mr. Sattar's number as well. 3 Q. On some of the later pages of the chart there are some rows 4 where the text is blue. What does it mean if the text in a row 5 is blue? For example, if you look at Government Exhibit 1800L, 6 there is a row of -- second from the bottom of the page. 7 A. OK. If you look at 1800L, some text is listed in -- for 8 example, the text is listed in green if it's just information 9 that was derived from telephone records that note when service 10 may have stopped, the last call that they found on a toll or 11 LUD. For example, with Verizon, likewise if -- there may be a 12 notation in green where it was the first call that I noted on 13 MCI records. So that information does not -- it only came from 14 the toll, toll or telephone records. 15 Q. OK. So that applies to the rows that are in green, 16 correct? 17 A. Yes. 18 Q. So the green rows, if I'm understanding you correctly, do 19 not relate to specific recorded telephone calls, correct? 20 A. Correct. 21 Q. What about rows that are in blue, like the row which is 22 second from the bottom on the page marked 1800F? 23 A. The -- for example, 1800L, the items in blue, the text in 24 blue are outgoing calls where there were no toll records, 25 typically gaps in service where -- mainly between Verizon and SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5993 49mesat1 Sorrells - direct 1 MCI. 2 Q. Now what I'd like to do is go back to the beginning of the 3 set of charts and ask you about some individual rows as 4 examples. So if you would turn back, please, to Government 5 Exhibit 1800A and look at the row for Government Exhibit 1254, 6 which is around the middle of the page. 7 If you would, as an example, just walk us through the 8 information set forth in that row and what it means. 9 A. OK. For Government Exhibit 1254, this was a call on 10 3/20/1999 at 12:57:09 p.m. From the text, the transcript it 11 was an outgoing call from Mr. Sattar to Yassir Al-Sirri, and 12 the contact number that was captured was 01144-171-624-6868. 13 Q. Let me pause you there for a moment. The information that 14 you recited up to that point, does that come from the audio 15 file itself or -- and/or the transcript of it? 16 A. Yes. 17 Q. And when you said in your last answer that the contact ID 18 was information captured, captured by what? 19 A. It was captured by the system used to intercept the call 20 and noted on the verbatim transcript. 21 Q. OK. Please continue across that row. 22 A. OK. And then the fifth column on that row shows that when 23 checking telephone numbers for Mr. Sattar's telephone, in this 24 instance tolls, they show a 26-minute outgoing call at 12:56 to 25 the same number in the UK, which is subscribed to by SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5994 49mesat1 Sorrells - direct 1 Mr. Al-Sirri. 2 Q. And where does all that information come from? 3 A. That comes on -- that information is on -- meaning where is 4 the telephone? I'm sorry. 5 Q. No. What document or documents were the source of the 6 information that appears in that fifth column of that row? 7 A. The source was Mr. Sattar's telephone records. 8 Q. And what about the reference to Mr. Al-Sirri's name in 9 parentheses? 10 A. That information was -- Mr. Al-Sirri is listed as a 11 subscriber for that telephone number. 12 Q. And is that according to other telephone records? 13 A. Yes, it is. 14 Q. Now, let me show you a portion of a document that's already 15 in evidence as Government Exhibit 1801B. 16 MS. BAKER: Your Honor, may I display it using the 17 projector. 18 THE COURT: Yes, 1801B. 19 Q. Showing you first just the top of the first page so you can 20 see the marking of the document. And now I'm turning to a page 21 inside the document which says at the bottom page 354. 22 One line on that page is highlighted. Do you 23 recognize the information in that line? 24 A. Yes, I do. 25 Q. What is that information? SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5995 49mesat1 Sorrells - direct 1 A. That information is from toll records. It shows that there 2 was a call on March 20th to the United Kingdom to the telephone 3 number listed. The call was at 12:56 p.m. and it was a 4 26-minute call at that time. 5 Q. And is that the information set forth in the fifth column 6 of the row for Government Exhibit 1254 on Government 7 Exhibit 1800A? 8 A. Yes, it is. 9 Q. Who put the highlighting on there? 10 A. I highlighted it. 11 Q. Did you do that as you went through all of the telephone 12 records and found calls that -- or records for calls that 13 related to the recordings in evidence in this case? 14 A. Yes, I did. 15 Q. Now, let me ask you to look also on Government 16 Exhibit 1800A at the row for the audio file Government 17 Exhibit 1253, which is the second row from the top. 18 Would you please take us through that row the way it 19 shows. 20 A. Government Exhibit 1253 was a call at 11/23/1998. The 21 start time was 11:28:06 a.m. from the transcript and recorded 22 call. It was an incoming call from Ms. Stewart to Sattar's 23 answering machine. Then checking Mr. Sattar's telephone -- I'm 24 sorry, checking Ms. Stewart's telephone records, it shows that 25 there was an outgoing call at 11:28 a.m. to Mr. Sattar's SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5996 49mesat1 Sorrells - direct 1 telephone number, which is the 3513 number listed. 2 Q. Showing you the exhibit already in evidence, Government 3 Exhibit 1805, is the highlighted information on that exhibit 4 the telephone record information that you were just referring 5 to set forth in the fifth column of that row? 6 A. Yes, it is. 7 Q. Directing your attention now to the same page, Government 8 Exhibit 1800A, to the rows for Government Exhibits 1011 and 9 1012 near the bottom of the page, please explain what's 10 represented in those rows. 11 A. OK. This is -- for Government Exhibit 1011 this is a 12 call -- and 1012, it's a call on 3/4/1999. Government 13 Exhibit 1011 began at 6:20:59. From the text of the transcript 14 it's an outgoing call from Mr. Sattar to Al-Zayyat. The 15 contact ID captured is listed. And the recording ends as noted 16 in the text, the recording ends after you had call -- they 17 heard a call waiting beep. 18 Q. And what about the next row, Government Exhibit 1012? 19 A. 1012 is a different audio file but it's a continuation of 20 the same call. After the call waiting beep with the previous 21 government exhibit, Sattar receives an incoming call via call 22 waiting and then he makes an outgoing call to Mr. Al-Zayyat. 23 (Continued on next page) 24 25 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5997 49MMSAT2 Sorrells - direct 1 Q. Does he make a new outgoing call or continue the same one? 2 A. Continues the outgoing call. 3 Q. What do the telephone records show as compared to those two 4 audio files? 5 A. The telephone long distance records or toll records showed 6 a 13-minute outgoing call originating at 6:21 p.m. to the 7 number that is listed, which is in Egypt. 8 Q. And does that telephone number that was called, according 9 to the telephone records, match the telephone number that was 10 captured by the recording system? 11 A. Yes, it does. 12 Q. Now, the wording used in the row for Government Exhibit 13 1012, which begins, continuation of call, is that standard 14 wording that you used throughout the chart whenever an audio 15 file was a continuation of the same call as the previous row? 16 A. Yes. 17 Q. Now, if you would turn, please, to the page marked 18 Government Exhibit 1800O. And if you would look, please, at 19 the row for the audio file that is Government Exhibit 1184 at 20 the bottom of that page. If you would, please, take us through 21 that row. 22 A. Government Exhibit 1184, it is a call that occurred on 23 10/5/2000 at 3:36:28 p.m. It was an incoming call from 24 Mr. Al-Sirri to Sattar and the toll records for Mr. Al-Sirri's 25 telephone number show an outgoing call at 20:36:38, which is SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5998 49MMSAT2 Sorrells - direct 1 listed in United kingdom time to Mr. Sattar's number in the 2 United States. 3 Q. Now, you said that the time was 20:36:38 in UK time. What 4 does that convert to as far as a.m. or p.m.? 5 A. 3:36 p.m. 6 Q. I'm sorry? 7 A. 3:36 p.m. 8 Q. I'd like you to do the version still within UK time. 9 A. I'm sorry. That would be 8:36:38 p.m. 10 MS. BAKER: Your Honor, at this time the government 11 would ask the Court to take judicial notice, as requested this 12 morning. 13 THE COURT: Ladies and gentlemen, in the course of the 14 trial I have taken judicial notice of various facts and I will 15 take judicial notice of certain additional facts at this point. 16 In the year 2000, in Cairo, Egypt, daylight savings 17 time started on April 27, 2000 and ended on September 28, 2000. 18 In the year 2000, in New York, New York, daylight savings time 19 started on April 2, 2000 and ended on October 29, 2000. In the 20 year 2001, in Cairo, Egypt, daylight savings time started on 21 April 26, 2001 and ended on September 27, 2001. In the year 22 2001, in New York, New York, daylight savings time started on 23 April 1, 2001 and ended on October 28, 2001. 24 When daylight savings time or standard time is in 25 effect in both locations, the time in Cairo is seven hours SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5999 49MMSAT2 Sorrells - direct 1 later than it is in New York. That is, for example, if it is 1 2 a.m. in New York, it is 8 a.m. in Cairo. And if it is 10 p.m. 3 in New York, it is 5 a.m. the next day in Cairo. 4 When daylight savings time is in effect in Cairo but 5 not in New York, the time in Cairo is eight hours later than it 6 is in New York. When daylight savings time is in effect in New 7 York but not in Cairo, the time in Cairo is six hours later 8 than it is in New York. 9 In the year 2000, in London, England, daylight savings 10 time started on March 26, 2000 and ended on October 29, 2000. 11 In the year 2001, in London, daylight savings time started on 12 March 25, 2001 and ended on October 28, 2001. 13 When daylight savings time or standard time is in 14 effect in both locations, the time in London is five hours 15 later than it is in New York. That is, for example, if it is 1 16 a.m. in New York, it is 6 a.m. in London. And if it is 10 p.m. 17 in New York, it is 3 a.m. the next day in London. When 18 daylight savings time is in effect in London but not in New 19 York, the time in London is six hours later than it is in New 20 York. When daylight savings time is in effect in New York but 21 not in London, the time in London is four hours later than it 22 is in New York. 23 In the year 2000, in Rochester, Minnesota, daylight 24 savings time started on April 2, 2000 and ended on October 29, 25 2000. In the year 2001, in Rochester, daylight savings time SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6000 49MMSAT2 Sorrells - direct 1 started on April 1, 2001 and ended on October 28, 2001. At all 2 times the time in Rochester is one hour earlier than it is in 3 New York. 4 Ladies and gentlemen, that ends the facts as to which 5 I am taking judicial notice at this point. You will recall 6 that there is an instruction that I have given you with respect 7 to facts about which I take judicial notice. Just to remind 8 you about that instruction, I have taken judicial notice of 9 certain facts which I believe are not subject to reasonable 10 dispute. I have accepted these facts to be true even though no 11 evidence has been introduced proving them to be true. You may, 12 but are not required, to agree that these facts are true. The 13 weight and relevance of these facts, if you find them, are for 14 you, the jury, to determine. So you should apply that 15 instruction here and I will repeat the instruction again in my 16 final instructions. 17 BY MS. BAKER: 18 Q. Agent Sorrells, looking back at the row for Government 19 Exhibit 1184 at the bottom of the page which is in evidence as 20 Government Exhibit 1800O, the time which you just converted in 21 the UK of 8:36 p.m., is that the same time when it was 3:36 22 p.m. in New York? 23 A. Yes. 24 MS. BAKER: Your Honor, may I approach the witness? 25 THE COURT: Yes. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6001 49MMSAT2 Sorrells - direct 1 Q. The information that appears in that fifth column of the 2 row for Government Exhibit 1184, from whose telephone records 3 did you get that information? 4 A. From Mr. Al-Sirri's telephone records. 5 Q. Looking at the document that I just placed in front of you 6 which is marked as Government Exhibit 2707H, do you recognize 7 2707H? 8 A. Yes, I do. 9 Q. What is it? 10 A. It is billing information and telephone records for 11 Mr. Al-Sirri. 12 Q. Is that a complete set of telephone records or something 13 else? 14 A. No, it is not. 15 Q. What is it? 16 A. It is just pertinent calls that show up in the chart that I 17 pulled out from the overall set of a complete set of records. 18 Q. And did you go through and mark the pertinent calls in 19 there some way? 20 A. Yes, I did. I highlighted them. 21 MS. BAKER: Your Honor, I offer Government Exhibit 22 2707H. 23 THE COURT: Government Exhibit 2707H received in 24 evidence. 25 (Government's Exhibit 2707H received in evidence) SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6002 49MMSAT2 Sorrells - direct 1 MS. BAKER: Your Honor, may I retrieve it from the 2 witness and display a portion of it to the jury? 3 THE COURT: Yes. 4 Q. Showing you one of the pages of Government Exhibit 2707H, 5 is the highlighted row the information which is set forth in 6 the fifth column of the row for Government Exhibit 1184 on 7 Government Exhibit 1800O? 8 A. Yes, it is. 9 Q. Directing your attention to the second column of the page 10 of Government Exhibit 2707H, the column which is headed date, 11 the date appears as 05/10/2000. Could you explain that? 12 A. Yes. That date is actually October 5, 2000. In many other 13 countries and in the UK they often list the day, month, and 14 then the year. 15 Q. Let me ask you now, please, to turn to the page of the 16 charts which is in evidence as Government Exhibit 1800C. If 17 you would look, please, at the row for Government Exhibit 1034, 18 which is near the bottom of the page. Would you please explain 19 to the jury the information set forth in that row. 20 A. This is a call that occurred on November 5, 1999 at 6:36:42 21 p.m. From the text, the audio file -- the text of the 22 transcript and the audio file, Mr. Yousry is already on the 23 line. Mr. Yousry and Mr. Sattar make an outgoing three-way 24 call to Ramsey Clark. After some discussion Mr. Yousry hangs 25 up and Mr. Sattar and Mr. Clark make an outgoing three-way call SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6003 49MMSAT2 Sorrells - direct 1 to Mr. Muhammad al-Shafi'i. 2 Q. How did that information compare to what you found in the 3 telephone records as set forth in the fifth column of that row? 4 A. From the telephone records that came from Mr. Sattar's 5 telephone number. In looking at the LUDs, they show an 6 outgoing call at 6:24 p.m. to Mr. Yousry's phone, which is the 7 8539 number. 8 Q. That call which began at 6:24 p.m., did that begin before 9 or after the start of the recording of the audio file which is 10 in evidence as Government Exhibit 1034? 11 A. Before. 12 Q. Please continue in the fifth column of that row. 13 A. In addition, the local records show a three-way call at 14 6:35 p.m. to Mr. Clark's telephone number, 212-989-6613. 15 Q. And to whom is that telephone number subscribed? 16 A. To Mr. Ramsey Clark. 17 Q. And was that call made before or after the start of the 18 recording which is in evidence as Government Exhibit 1034? 19 A. Before. 20 Q. Please continue. 21 A. Then a third call was made, a three-way call, again, at 22 6:35 p.m., to 212-475-3232, which is subscribed by Mr. Ramsey 23 Clark. 24 Q. Now, you indicated in that fifth column of that row that 25 those two calls are three-way calls. Is that information that SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6004 49MMSAT2 Sorrells - direct 1 specifically was contained in the telephone record? 2 A. Yes, it was. 3 Q. Let me show you a portion of what is in evidence as 4 Government Exhibit 1800C. Showing you first the upper portion 5 of the front page so you can see the exhibit marking and then 6 turning to one of the internal pages which says at the bottom 7 page 280, if you would focus, please, on the highlighted 8 information on that page. How does that telephone record 9 indicate that the two calls to Mr. Clark's telephone numbers 10 were three-way calls? 11 A. If you look at the two calls, they are listed at 6:35 p.m. 12 Those two calls have slashes to the left side of the date and 13 that indicates that it was a three-way call. 14 THE COURT: Let me stop you for a moment. Did you say 15 that the exhibit that's on the screen is Government Exhibit 16 1800C? 17 MS. BAKER: If I did, I misspoke. It is 1801C. And 18 the 1800C is the page of the chart to which we are also 19 referring. 20 Q. Agent Sorrells, turning back to that page of the chart, 21 1800C, if you would please continue, there is one more piece of 22 information in the fifth column in that row for Government 23 Exhibit 1034. 24 A. In addition to the local -- the LUDs or the local records 25 show, if you look at the long distance records or the tolls for SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6005 49MMSAT2 Sorrells - direct 1 Mr. Sattar's phone, they show a four minute outgoing call at 2 6:50 p.m. to the number listed, 044-171-837-3170. 3 Q. And then you've indicated by putting the name al-Shafi'i in 4 parenthesis that that telephone number is Mr. Al-Shafi'i's? 5 A. Yes. 6 Q. What was the source of that information linking that 7 telephone number to Mr. Al-Shafi'i? 8 A. That telephone number was attributed to Mr. Al-Shafi'i 9 because there is another transcript where Mr. Al-Shafi'i 10 provides that as his home telephone numbers. 11 Q. In other words, he states it in another conversation? 12 A. Yes, he does. 13 Q. Is that exhibit for that conversation one of the exhibit 14 numbers set forth in the sixth column of that same row? 15 A. Yes, I believe it is. 16 Q. Now, if you would turn, please, to the page of the chart in 17 evidence as Government Exhibit 1800F and look, please, at the 18 row for the call for the audio file in evidence as Government 19 Exhibit 1072, which is near the bottom of the page. 20 A. Okay. 21 Q. If you would, please, go through the information in that 22 row of the chart. 23 A. This shows a call on April 18, 2000 at 6:10:36 a.m. That 24 was an incoming call from Mr. Hamza to Mr. Sattar. During the 25 conversation Sattar provides telephone number 884-8051. After SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6006 49MMSAT2 Sorrells - direct 1 that, they make an outgoing three-way call to two other 2 individuals. 3 Q. And what did the telephone records show? 4 A. The telephone records show a 57-minute outgoing call at 5 6:13 a.m. to a number matching what was provided in the 6 conversation in Egypt. 7 Q. Now, as reflected in the fourth column of that row, the 8 transcript made clear that the outgoing call was a three-way 9 call, but in the fifth column of that row you've merely noted 10 an outgoing call. Why is that? 11 A. From looking at the long distance record, the toll records, 12 you can't tell whether it is a three-way call. 13 Q. In other words, that kind of information is just not 14 contained in those kind of records? 15 A. Correct. 16 Q. If you would turn next, please, to the next page, which is 17 in evidence as Government Exhibit 1800G. I'm sorry. Before 18 you do that, let me ask you about one other one? 19 THE COURT: Whenever there is a convenient time, we 20 could break -- 21 MS. BAKER: Actually, now would be fine, your Honor. 22 THE COURT: Ladies and gentlemen, we will take our 23 mid-morning break. 24 Please leave the exhibits on your chair, and please 25 remember my continuing instructions not to talk about the case SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6007 49MMSAT2 Sorrells - direct 1 and remember to keep an open mind. 2 All rise, please. Please follow Mr. Fletcher to the 3 jury room. 4 (Jury not present) 5 THE COURT: See you shortly. 6 (Recess) 7 MR. TIGAR: Your Honor, when this witness is tendered 8 to us for cross-examination I think Mr. Paul wanted to ask some 9 questions and then I wanted to ask some questions. I would 10 prefer to work with the Elmo to show pieces of the exhibits 11 rather than have the jurors have the exhibits. So I would 12 respectfully request that the exhibits be collected from the 13 jurors before I begin my cross-examination. I don't know what 14 Mr. Paul's position would be. 15 MR. PAUL: I only have a few questions, your Honor, 16 and I'm not using the Elmo. 17 THE COURT: You want the jurors to have the exhibits? 18 MR. PAUL: I think there will be reference to the 19 exhibits, so they should hold them until Mr. Tigar is prepared 20 to go and at that time they should be collected. 21 THE COURT: Mr. Ruhnke? 22 MR. RUHNKE: I am not going to have any questions. 23 THE COURT: Are we ready to bring in the jury? 24 Okay. 25 Ms. Baker, if you want the exhibits passed out before SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6008 49MMSAT2 Sorrells - direct 1 any redirect, you're welcome to just ask me. 2 MS. BAKER: Your Honor, I will have to see what 3 happens in the cross-examination, but even if I don't ask to 4 have them passed out for redirect, as I mentioned to the Court 5 the other day, I am going to ask that at the end of all 6 questioning that the jurors be given some time to read through 7 the exhibits. 8 THE COURT: That's fine. 9 MR. TIGAR: Your Honor, if that is going to be done, 10 then we would request an instruction that they are not to 11 discuss them amongst themselves. This is just time for them 12 individually to read them. And I trust that that will be done 13 in the jury box. 14 THE COURT: Oh, yes. 15 (Jury present) 16 THE COURT: Ms. Baker, you may proceed. 17 MS. BAKER: Thank you, your Honor. 18 BY MS. BAKER: 19 Q. Agent Sorrells, if you would please turn next -- 20 THE COURT: I'm sorry. My fault. 21 Mr. Fletcher. 22 THE DEPUTY CLERK: Let me remind Agent Sorrells that 23 he is still under oath. 24 THE WITNESS: Yes. 25 THE COURT: Ms. Baker, you may proceed. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6009 49MMSAT2 Sorrells - direct 1 MS. BAKER: Thank you. 2 BY MS. BAKER: 3 Q. If you would please turn next to the page of chart in 4 evidence as Government Exhibit 1800O and look, please, at the 5 row for the audio file in evidence as Government Exhibit 1182. 6 Would you please take us through the information relating to 7 that audio file. 8 A. This is an audio file that was -- call that was captured on 9 10/4/2000 at 4:19:06 p.m. It was an outgoing call using a 10 calling card from Mr. Sattar to Mr. Al-Sirri and the contact ID 11 number was 487-6300. 12 Q. What did the telephone number show? 13 A. The telephone record show an outgoing call at 4:19 p.m. to 14 the number 718-487-6300. 15 Q. What is that number? 16 A. That's a calling card access number. 17 Q. Now, if you would please turn back to page 1800G and look, 18 please, at the row for the audio file in evidence as Government 19 Exhibit 1082. Please explain the information in that row. 20 A. Government Exhibit 1082, it is a call that was on April 30, 21 2000 at 8:15:34. It was an outgoing call from Mr. Sattar to 22 Mohamed Elmasry, and the telephone ID captured was 23 1-732-506-0640. 24 Q. What did the telephone record show? 25 A. The telephone records for Mr. Sattar's numbers showed a SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6010 49MMSAT2 Sorrells - direct 1 long distance call to -- outgoing call at 8:15 p.m. to 2 732-506-0640. 3 Q. Let me show you an exhibit already in evidence which is 4 Government Exhibit 2081, which is a collection of business 5 cards. And I would like you to look, please, at the business 6 card currently on the top of the stack. And if you're able to, 7 if you would read for the record to whom does this business 8 card belong or whose card is it? 9 A. This card lists the name Mohamed, M-O-H-A-M-E-D; N.; 10 Elmasry, E-L-M-A-S-R-Y. 11 Q. Now I'd like to show you the back of the same card. If you 12 would read, please, the telephone number that appears in sort 13 of purplish ink in the middle of the back of that card. 14 A. 908-506-8640. 15 Q. Are the last seven digits of that number the same as the 16 telephone number that was captured by the recording system and 17 also appeared in Mr. Sattar's telephone records? 18 A. Yes, they are. 19 MS. BAKER: Your Honor, at this time the government 20 offers into evidence a stipulation marked as Government Exhibit 21 2081S. 22 THE COURT: All right. 23 MS. BAKER: I would ask permission to display and read 24 it to the jury. 25 THE COURT: Yes. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6011 49MMSAT2 Sorrells - direct 1 MS. BAKER: The parties hereby stipulate and agree 2 that: If called as a witness at trial, a qualified expert, 3 Arabic-to-English translator employed by the Federal Bureau of 4 Investigation would testify that, in her opinion, the document 5 marked as Government Exhibit 2081T contains a true and accurate 6 translation from Arabic into English of certain Arabic 7 handwriting on the back of one of the business cards that is in 8 evidence as part of Government Exhibit 2081. 9 And that is agreed to and stipulated and signed by the 10 parties and their counsel. 11 Your Honor based on that exhibit, the government 12 offers Government Exhibit 2081T. 13 THE COURT: Government Exhibit 2081T received in 14 evidence. And to the extent that I didn't already say it, 15 Government Exhibit 2081S received in evidence. 16 (Government's Exhibits 2081S and 2081T received in 17 evidence) 18 MS. BAKER: Your Honor, may I have a minute to confer? 19 THE COURT: Yes. 20 MS. BAKER: Your Honor, we don't seem to have 2081T at 21 the moment. So I would ask permission to publish it later. 22 THE COURT: Okay. 23 MS. BAKER: Your Honor, Mr. Ruhnke has been nice 24 enough to hand me his photocopy of 2081T. If I might publish 25 it to the jury at this time. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6012 49MMSAT2 Sorrells - direct 1 THE COURT: Yes. 2 Q. Agent Sorrells, if you would now turn please to the page in 3 chart in evidence as Government Exhibit 1800R and look, please, 4 at the row for the audio file, Government Exhibit 1231, which 5 is the last row on that page. 6 A. Okay. 7 Q. Would you please explain the information set forth in that 8 row? 9 A. This is a column 9/24/2001 at 5:38:30 p.m. It was an 10 outgoing call from Mr. Sattar to Jeanne King. 11 Q. What did the telephone records show? 12 A. The local telephone records, the LUDs showed an outgoing 13 call at 5:38 p.m. to telephone number 718-261-2255. 14 Q. I am going to show you now another one of the business 15 cards in evidence as part of Government Exhibit 2081 and if you 16 would, please, read for the record the name and what it says 17 right under the name on this business card. 18 A. The name is Jeanne, J-E-A-N-N-E; King, K-I-N-G, reporter. 19 Q. And what is the telephone number in the upper left-hand 20 corner of the card? 21 A. The number is 718-261-2255. 22 Q. Does that match the telephone number that was in 23 Mr. Sattar's telephone records for the call recorded as 24 Government Exhibit 1231? 25 A. Yes, it does. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6013 49MMSAT2 Sorrells - direct 1 Q. Let me ask you about some of the rows that appear in other 2 colors on this chart. So if you would please turn back to the 3 page in evidence as Government Exhibit 1800A and let's take as 4 an example rows that are in black. If you would look, please, 5 at rows for Government Exhibit 1003 and 1004 and please explain 6 what's set forth in those rows. 7 A. Starting with Government Exhibit 1003, it is a call that 8 was on the date of 12/14/1998 at 10:01:01 p.m. From the 9 transcript it was an incoming call from Mustafa Hamza to 10 Mr. Sattar, and near the end of that conversation Mr. Sattar 11 says it is 10:45 p.m. This is one of the calls where there is 12 one call but it is captured in two audio files. Then the call 13 on Government Exhibit 1004, same day, originates at 10:45:34 14 and it notes that it is just a continuation of the prior 15 government exhibit. 16 Q. And what, if anything, did Mr. Sattar's telephone record 17 show with respect to that call? 18 A. The local and long distance line showed that there were no 19 outgoing calls at the time that the transcript says that there 20 was an incoming call. 21 Q. Now, if you would please turn to the page that's in 22 evidence as Government Exhibit 1800M. Let me ask you to look 23 as an example of a green row at the row that is second from the 24 bottom of that page. What information is contained in that 25 row? SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6014 49MMSAT2 Sorrells - direct 1 A. That is just a notation in green where either calls started 2 or ended. This particular one Sattar stops using MCI long 3 distance service and at a later date he starts using Verizon. 4 The last long distance call that I noted on the MCI records was 5 9/18/2000 at 8:07 a.m. 6 Q. As an example of a blue row, if you would look at the row 7 right below that for the audio file in evidence as Government 8 Exhibit 1269, what is the information in that row? 9 A. This was a call on 9/18/2000 at 1:50:20 p.m. It is an 10 outgoing call from Mr. Sattar to MCI. The contact ID number 11 captured was 1-800-937-104. Mr. Sattar canceled his telephone 12 service with MCI and stated that he would go back to Bell 13 Atlantic. 14 Q. What did you determine through your investigation? 15 A. I determined that the number 800-937-1048 is actually an 16 MCI customer service number. 17 MS. BAKER: Your Honor, at this time the government 18 asks permission to play for the jury the audio file in evidence 19 as Government Exhibit 1269 while displaying the corresponding 20 transcript which is Government Exhibit 1269X, and we would ask 21 the Court to let the jury know about how the government is 22 going to play that audio file. 23 THE COURT: Ladies and gentlemen, the recording will 24 reflect some music while there is a hold on the call and that's 25 reflected in the transcript. But those periods where that SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6015 49MMSAT2 Sorrells - direct 1 holding music would otherwise be played, it is reflected on the 2 transcript. So you don't have to sit here and listen to the 3 hold music, the recording will be fast forwarded during those 4 periods to make the listening of the recording go somewhat more 5 quickly than the actual time of the recording. And you will 6 see that there is hold music when you look at the transcript. 7 MS. BAKER: Your Honor, may we display 1269X? 8 THE COURT: Yes. 9 MS. BAKER: For the record, this is a call that was 10 recorded on September 18 of 2000 at 1:50:20 p.m. and the 11 participants are Mr. Sattar and an MCI WorldCom operator named 12 Mrs. Fox. And then as the Court just noted, there were also 13 various recorded messages. If you would ask at this time for 14 the jurors to put on their headsets. 15 THE COURT: Ladies and gentlemen, you can put on your 16 headsets. Remember, dot facing forward and turn them. 17 MS. BAKER: One of the jurors is raising their hand. 18 THE COURT: Thank you. 19 MR. BARKOW: May I exchange them, your Honor? 20 THE COURT: Yes. 21 (At this point, Government Exhibit 1269, in evidence, 22 displayed and played to the jury) 23 THE COURT: Ladies and gentlemen, take off your 24 headphones. 25 Q. Agent Sorrells, if you would now turn please to the page in SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6016 49MMSAT2 Sorrells - direct 1 chart in evidence as Government Exhibit 1800S. Government 2 Exhibit 1800S relates to calls that were recorded on which 3 telephone line? 4 A. Telephone No. 718-429-8539. 5 Q. And did you follow the same organization and color coding 6 and so on in Government Exhibit 1800S as you had in Government 7 Exhibits 1800A through R? 8 A. Yes, I did. 9 Q. Let's just look at one call as an example. If you would 10 look, please, at the top row for the audio file in evidence as 11 Government Exhibit 1067 and walk us through that row. 12 A. Government Exhibit 1067 is a call on 3/31/2000 at 9:59:42. 13 The information from the recorded call and transcript showed an 14 incoming call from Mr. Sattar to Mr. Yousry. The local 15 telephone records for Mr. Sattar show an outgoing call at 9:58 16 p.m. to Mr. Yousry's telephone. 17 Q. Now, if you would turn to the next page in evidence as 18 Government Exhibit 1800T. The calls reflected in this page of 19 chart were intercepted or recorded on which telephone number? 20 A. 917-676-4997. 21 Q. And did you use the same organizational structure and the 22 same color coding in this chart as in the previous ones? 23 A. Yes, I did. 24 Q. Finally, if you would turn to the page of chart in evidence 25 as Government Exhibit 1800U. The calls reflected in Government SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6017 49MMSAT2 Sorrells - direct 1 Exhibit 1800U were recorded on which telephone number? 2 A. On number 507-282-1211. 3 Q. Now, in creating Government Exhibit 1800U, did you use the 4 same organizational structure and the same color coding scheme? 5 A. Yes, I did. 6 Q. But were you using telephone records or some other kind of 7 records to look for information that corroborated the 8 recordings of the calls? 9 A. I was using other records. 10 Q. What were the other records? 11 A. They were prison records. 12 Q. And so the fifth column of Government Exhibit 1800U, which 13 is headed information from prison records, is that where the 14 prison record information appears? 15 A. Yes, it is. 16 Q. And the last column which is headed prison record GX 17 number, what is in that column? 18 A. That's the GX number for those prison records. 19 Q. And did you review those prison records yourself to ensure 20 that the information in Government Exhibit 1800U is accurate? 21 A. Yes, I did. 22 Q. Now, let me direct your attention away from any specific 23 page or row of the chart and ask you a couple of overall 24 questions. 25 Before coming to Court today, did you count the number SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6018 49MMSAT2 Sorrells - direct 1 of calls that are in evidence that were between Taha and Sattar 2 and calls between Taha and Yousef Odeh? 3 A. I'm sorry. Between Mr. Taha and -- 4 Q. Mr. Taha and either Mr. Sattar or Yousef Odeh? 5 A. Yes, I did. 6 Q. When you were counting calls, were you counting calls or 7 audio files and could you just remind us again of the 8 difference? 9 A. When I withdrew and counted, I tried to count single, 10 separate calls. If one call had three or four different audio 11 files, I only counted that as one call. 12 Q. So based on counting the calls in that manner, how many 13 calls have been introduced into evidence to which Taha is a 14 party? 15 A. 59 calls. 16 Q. Of those 59 calls, how many were incoming, outgoing? Could 17 you break that down for us? 18 A. I believe approximately 53 were incoming calls from 19 Mr. Taha to either Mr. Sattar or Odeh. Zero calls were 20 outgoing calls, and six calls that I saw were unknown. 21 Couldn't determine from the text of the call. 22 Q. When you were breaking those calls into those categories of 23 incoming versus outgoing versus unknown for that purpose, is 24 that breakdown based on the transcript of the call or what's in 25 the recording of the call? SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6019 49MMSAT2 Sorrells - direct 1 A. I'm sorry? 2 Q. When you were breaking it down -- withdrawn. 3 You said there were approximately 53 that you could 4 tell were incoming and six for which you couldn't tell. When 5 you say you couldn't tell, that was based on what information 6 or what source of information? 7 A. Based on the transcript. 8 Q. Now, with respect to the telephone records, would 9 Mr. Sattar's telephone records have shown anything for any of 10 the incoming calls? 11 A. No. It would have only shown for incoming calls to 12 Mr. Sattar's records. They are not listed. It simply would 13 have shown and it is noted on here when there were no outgoing 14 calls at the same time there were incoming calls. 15 Q. And for the six calls for which you couldn't tell the 16 direction from what was in the transcript or what was said in 17 the conversation, did you also check the telephone records to 18 see whether there were any outgoing calls at the times of those 19 six recordings? 20 A. Yes, I did. 21 Q. Were there any outgoing calls at the times of those six 22 recordings? 23 A. No. 24 Q. Did you go through the same counting process for calls 25 between Sattar and Mustafa Hamza? SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6020 49MMSAT2 Sorrells - direct 1 A. Yes, I did. 2 Q. How many calls did you find that are in evidence that are 3 between Sattar and Mustafa Hamza? 4 A. I counted 18 calls. 5 Q. Again, that's not counting audio files that are 6 continuations? 7 A. Correct. That's counting just separate calls. So if a 8 call was broken into three or four whatever the number of audio 9 files, I only counted it at one call. 10 Q. How many did you say there were? 11 A. There were approximately 18. 12 Q. Of those 18, what were the directions? 13 A. 14 were incoming calls. There were zero outgoing calls. 14 And then four were unknown. 15 Q. When you say unknown, again, was that just based on the 16 transcript? 17 A. Yes. 18 Q. For the four that were unknown based on the transcript, did 19 you look at the telephone records? 20 A. Yes, I did. 21 Q. And what did the telephone records show about whether there 22 were any outgoing calls during the time of those four incoming 23 calls? 24 A. They showed no outgoing calls. 25 Q. That was also true about the other 14, right, there were no SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6021 49MMSAT2 Sorrells - direct 1 outgoing calls during the times of those either? 2 A. Correct. 3 MS. BAKER: May I have a minute, your Honor? 4 THE COURT: Yes. 5 MS. BAKER: I have no further questions. 6 THE COURT: Mr. Paul, you may examine. 7 MR. PAUL: Just a couple your Honor, please. 8 CROSS-EXAMINATION 9 BY MR. PAUL: 10 Q. Agent, to take up where Ms. Baker left off, you made a 11 chart which has been introduced and we have talked about this 12 morning where you went back and reviewed all of the government 13 exhibits with regard to the transcripts that have been 14 introduced in this case, is that right? 15 A. Yes, sir. 16 Q. When did you start working on this case, by the way? 17 A. When did I start working on the case total? 18 Q. Yes. 19 A. Approximately September of 2003. 20 Q. And you were given this assignment by the government to go 21 back and review the exhibits, transcripts that have been 22 introduced, listened to by the jury or are going to be listened 23 to by the jury and make this chart, is that right? 24 A. I was. Not at that time. 25 Q. Recently, right? SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6022 49MMSAT2 Sorrells - cross 1 A. At some point later, yes, sir. 2 Q. And you told us that you have laid out in this chart 3 information showing the exhibit, call date, start time, and you 4 attempted to corroborate by reviewing both the transcripts and 5 the phone records to see that in fact it corroborated with what 6 your information was concerning that specific call, is that 7 right? 8 A. Looked at the transcripts and compared the telephone 9 records and other records to see if they corroborated, yes, 10 sir. 11 Q. Now, Ms. Baker asked you a few questions at the end of her 12 direct with regard to incoming calls regarding calls between 13 Mr. Sattar and two individuals. I think she asked you about an 14 individual Taha, right? 15 A. Yes. 16 Q. You're familiar with this individual, correct? 17 A. I'm familiar with the name, yes. 18 Q. And your information after you went back and reviewed the 19 transcripts, reviewed phone records of Mr. Sattar, you came up 20 with the fact that there had been 59 calls between these two 21 individuals, is that right? 22 A. 59 calls that are listed on this chart. 23 Q. 59 calls of all of the exhibits that have been introduced 24 with regard to telephone conversations in this case? 25 A. Yes. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6023 49MMSAT2 Sorrells - cross 1 Q. Introduced by the government? 2 A. Yes. 3 Q. And of these 59 calls your investigation showed that there 4 were no calls outgoing by Mr. Sattar to Mr. Taha at any time 5 within these 59 calls, is that right? 6 A. None that I saw, correct. 7 Q. And that, in fact, you had six that you could not account 8 for, but clearly the telephone records showed, Mr. Sattar's 9 records, there was no indication that he had called Mr. Taha in 10 these six calls, is that right? 11 A. Not with the records that I had, correct. 12 Q. And with regard to another individual she asked you about, 13 Mr. Hamza, she asked you and you testified that there were 18 14 calls, correct, in total? 15 A. Yes. 16 Q. Of all of the calls that have been introduced by the 17 government in this case? 18 A. Yes, that's the number I counted. 19 Q. There were, in fact, zero outgoing calls that you could 20 corroborate in any way from Mr. Sattar's telephone records, 21 from him, he to Hamza, is that right? 22 A. Correct. 23 Q. Now, you also testified that you checked the phone records 24 to see the history of Mr. Sattar's telephone contacts, 25 specifically whether it was with Verizon, MCI, correct? SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6024 49MMSAT2 Sorrells - cross 1 A. Correct. 2 Q. And that's indicated in your chart, I believe you 3 testified, in green, is that right? 4 A. I'm sorry? 5 Q. The information concerning his business contact through -- 6 with his phone with either Verizon, MCI, or others, is that 7 right? 8 A. Yes. Would you like to check a specific exhibit? 9 Q. I am going to ask you to look at 1800L, if you would. 10 Okay? 11 A. Yes, sir. 12 Q. I believe at the bottom of that page -- you have two 13 inserts in green showing that Mr. Sattar stopped using Verizon 14 for long distance on August 5, 2000 and he stopped using it for 15 local calls on August 25, 2000. That's the bottom entry, is 16 that right? 17 A. Yes, that's correct. 18 Q. In fact, if you would turn to 1800N, one month later he is 19 back using Verizon, is that right, for local calls? 20 A. For local, yes. 21 Q. But he now has reestablished his contact with Verizon, is 22 that right, according to your records? 23 A. For local service? 24 Q. Yes. 25 A. Yes. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6025 49MMSAT2 Sorrells - cross 1 MR. PAUL: May I have just one second, please, your 2 Honor? 3 THE COURT: Yes. 4 MR. PAUL: I have no further questions. Thank you. 5 THE COURT: Ladies and gentlemen, at this point could 6 you please pass the exhibits up and Mr. Fletcher will collect 7 them for the moment. 8 MR. RUHNKE: We actually have a couple of questions. 9 THE COURT: Mr. Stern, you may examine. 10 CROSS-EXAMINATION 11 BY MR. STERN: 12 Q. Agent, I take it that this document, which is 1800A through 13 1800U, represents all the calls the government has put into 14 evidence, is that right? 15 A. Yes, to my knowledge. 16 Q. And you were asked at some point to scrutinize those calls 17 for calls between Taha and Mr. Sattar, correct? 18 A. I'm sorry. When you say scrutinize -- 19 Q. Did you look for calls between Taha and Sattar? 20 A. I counted the number of calls between Mr. Taha and 21 Mr. Sattar and Odeh. 22 Q. And did you count the number of calls between Mr. Yousry 23 and Mr. Taha? 24 A. No, I did not. 25 Q. Did you see if there were any calls ever between Mr. Yousry SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6026 49MMSAT2 Sorrells - cross 1 and Mr. Taha? 2 A. No, I never checked. 3 Q. Did you ever check to see if there were calls between 4 Mr. Yousry and Mr. Hamza? 5 A. No, I did not. 6 Q. You don't know if there is any calls between Mr. Yousry and 7 Mr. Hamza, right? 8 A. No, sir, I did not. 9 Q. You didn't do it because no one ever asked you to do it, 10 fair to say? 11 A. Correct. 12 MR. STERN: Thanks. 13 MR. TIGAR: May I examine, your Honor? 14 THE COURT: Mr. Tigar, you may examine. 15 MR. TIGAR: Thank you. 16 May I return Ms. Baker's papers to her, your Honor? 17 THE COURT: Yes. 18 CROSS-EXAMINATION 19 BY MR. TIGAR: 20 Q. Agent Sorrells, how long did you work on this series of 21 charts that are in evidence now as 1800A through 1800U? 22 A. Meaning when did I start the chart? 23 Q. Yes. 24 A. I would say approximately maybe April or May, maybe later 25 than that. I am not sure of the exact time. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6027 49MMSAT2 Sorrells - cross 1 Q. April of this year, April or May of this year? 2 A. Yes. 3 Q. And was this a joint project; that is, did you work on it 4 with others? 5 A. There were other people that I asked for input, but it was 6 mainly my project. There were other people that had input into 7 the chart. 8 Q. And who were those people? 9 A. Primarily, Ms. Baker. 10 Q. And did the chart go through a number of drafts? 11 A. Yes, there were various changes to format, et cetera. So 12 this was not the beginning chart that I started with. 13 Q. And in this process of working on the chart did you 14 exchange memoranda with anyone, written communications about 15 the work you were doing? 16 A. Between myself and Ms. Baker? 17 Q. Yes. 18 A. Not that I'm aware of. 19 Q. You had conversations with her about it? 20 A. Yes, sir. 21 Q. Now, in getting information from the chart you told us that 22 you looked at local records, right, known as LUDs? 23 A. Yes, sir, that's one of the examples of telephone records. 24 Q. And LUDs is LUD. What does that stand for? 25 A. I am not sure. I think local usage, but I am not sure. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6028 49MMSAT2 Sorrells - cross 1 Q. And you said that you were looking for calls and audio 2 files, correct? 3 A. I'm sorry? For. 4 Q. Calls. That is, recorded calls. You looked at the 5 recorded calls, right? 6 A. Yes, sir. I had the verbatim transcripts and the audio 7 files and looked to see whether the toll records corroborated 8 the audio and transcripts. 9 Q. And you noticed that in some cases a particular individual 10 call was, in fact, reflected in more than one audio file, 11 correct? 12 A. Correct. 13 Q. And did you look at the reasons why a call would have more 14 than one audio file connected with it? 15 A. The reasons why, no, sir. 16 Q. And how did you establish that one single call was broken 17 into more than one audio file? 18 A. I looked at the verbatim transcripts to see what the 19 transcript said about the call. 20 Q. Now, would you take a look, sir -- 21 MR. TIGAR: May I show the witness, your Honor, 1800B, 22 as in bravo? 23 THE COURT: Yes. 24 Q. I am going to place this on the Elmo and zoom out. That's 25 what everybody has been looking at. And you note, sir, that SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6029 49MMSAT2 Sorrells - cross 1 1016. You see where I have my finger? 2 A. Yes, sir. 3 Q. That's a call on the 29th of April 1999? 4 A. Yes. 5 Q. And that says unknown direction. Can you see that? 6 A. Yes. 7 MR. TIGAR: May I show the witness 1016X in evidence, 8 your Honor? 9 THE COURT: Yes. 10 Q. Now I am going to place on the Elmo 1016X, which is in 11 evidence, that the jurors have seen and I am going to zoom in 12 to the top of it, correct? Do you see that? 13 A. Yes, sir. 14 Q. And it says call direction outgoing, right? 15 A. Correct. 16 Q. And yet 1800 bravo that we just looked at says unknown 17 direction, correct? 18 A. Correct. 19 Q. Well, is 1016X a mistake? 20 A. I'm sorry? 21 Q. It says outgoing here, right? 22 A. Yes, it does. 23 Q. Is that a mistake? 24 A. I don't know if it is a mistake, but I looked at the text 25 of that particular call, and from looking at the text I can't SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6030 49MMSAT2 Sorrells - cross 1 tell whether it is incoming or outgoing. 2 Q. This is a government exhibit, right? 3 A. Yes, it is. 4 Q. Do you know who decided to put outgoing on there if in 5 looking at the call you couldn't tell which way it was? 6 A. I'm sorry. I believe the system puts outgoing on there. 7 Q. When you say the system put outgoing on there, what system 8 would that be? 9 A. The system that captured the call. 10 Q. So that would be the Lockheed Martin system that captured 11 the call that made the mistake? 12 A. I am not sure which call captured that listing as outgoing. 13 Q. Do you know when, up until what date, the Lockheed Martin 14 system was used to capture calls by the government? 15 A. No, I don't. 16 (Continued on next page) 17 18 19 20 21 22 23 24 25 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6031 49mesat3 Sorrells - cross 1 BY MR. TIGAR: 2 Q. Have you heard any discussion -- have you had any 3 discussions with people about the dates up to which the 4 Lockheed Martin system was used? 5 MS. BAKER: Objection. 6 THE COURT: Sustained. 7 Q. Well, you are aware, are you not, that as late as the year 8 2000 there were problems with the accuracy of the recordings 9 made on the Lockheed Martin system, correct? 10 MS. BAKER: Objection. 11 THE COURT: Overruled. 12 Q. You're aware of that, aren't you? 13 A. I'm sorry. Could you ask the question again. 14 Q. Yes. You are aware that as late as June of 2000 there were 15 problems with the calls that were being recorded on the 16 Lockheed Martin system, correct? 17 MS. BAKER: Objection. Lack of foundation and vague. 18 MR. TIGAR: I'll lay a foundation, your Honor, if 19 necessary. 20 THE COURT: All right. 21 Q. Directing your attention, sir, to June of 2000, did you 22 receive an e-mail from Nabila Banout about problems with the 23 call that was being recorded? Do you remember that? 24 A. I did receive an e-mail from Ms. Banout about problems with 25 audio of the call, yes. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6032 49mesat3 Sorrells - cross 1 Q. And so based on that e-mail you're aware that there were 2 some problems with the recordings of the -- that were being 3 made in June of 2000, correct? 4 A. I was aware that that -- Ms. Banout -- I believe the e-mail 5 that you're referring to, I was aware that there were -- that 6 the quality of that call, there were noises or some type of 7 problem with that call compared to other calls that Ms. Banout 8 had listened to. 9 Q. Now, a moment ago you told us, Agent Sorrells, that it was 10 the system that generated this outgoing, correct? 11 A. To my knowledge it's the system. I'm not an expert on the 12 system so ... 13 Q. Are you familiar with the initials SRI? 14 A. No, I'm not. 15 Q. Signal related information? 16 A. No, sir. 17 Q. In any of the incoming, outgoing or unknown attributions 18 that you made in preparing Government Exhibits 1800A through 19 1800U, did you look at the actual audio files that are 20 reflected in column one of those various exhibits? 21 A. Some of those, yes. 22 Q. Well, when you looked at that audio information, do you 23 remember telling the jury a while ago that there's a place you 24 can look in that file and see some information about how long 25 the call lasted? SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6033 49mesat3 Sorrells - cross 1 A. Yes, I did. 2 Q. And based on your experience in looking for that kind of 3 information, how do you open the file on the computer to get 4 that? How do you do that? 5 A. I don't remember which system I used, but I right-clicked, 6 opened the file, scrolled down to the nonaudio portion of the 7 file. And that's where I found the information that I was 8 looking for, when a call -- particular time that a call ended. 9 Q. So that when you opened it, would it refresh your 10 recollection if I said Notepad? 11 A. I believe that's one system you can use, yes. 12 Q. So when you opened the file in Notepad, you can see some 13 textual information there, correct? 14 A. Correct. 15 Q. And there's some textual information at the beginning and 16 textual information at the end, right? 17 A. Correct. 18 Q. Now, when you look at, open a file in Notepad, do you see 19 textual information in there that tells you whether the call is 20 incoming or outgoing? 21 A. I'm not sure. 22 MR. TIGAR: May I show the witness 1800E, your Honor, 23 on the Elmo, in evidence. 24 THE COURT: Yes. 25 Q. I'm going to show you, Agent, 1800E, as in echo, and ask SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6034 49mesat3 Sorrells - cross 1 you -- let's look at 1060. Do you see that, where my finger 2 is? 3 A. Yes, sir. 4 Q. Call number 1060? 5 A. Yes, sir. 6 Q. That's a call on the 12th of February, 2000, correct? 7 A. Yes, it is. 8 Q. And the -- you decided that that was an incoming call, 9 correct? 10 A. I looked at the text of the transcript and I believe the 11 transcript says that it's an incoming call. 12 Q. All right. Now that's 1060, right? 13 A. Yes. 14 MR. TIGAR: Your Honor, may I show the witness 15 1060X -- 16 THE COURT: Yes. 17 MR. TIGAR: -- in evidence. 18 Q. Showing you now, sir, 1060X in evidence. Can we agree 19 that that says outgoing? 20 A. You're talking about the call direction? 21 Q. Yes. 22 A. Yes. The call direction does say outgoing. 23 Q. And looking back at 1060 -- 24 MR. TIGAR: May I show him 1800E, your Honor. 25 THE COURT: Yes. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6035 49mesat3 Sorrells - cross 1 Q. Looking back at 1800E, your 1060 says incoming, correct? 2 A. Yes, sir. From the text it -- 3 Q. So your statement that it must have b